CopyrightFor

Researchers2017-03-03

Martin WolfResearch Support

Lead

What we’ll cover today

• What is copyright?

• How does copyright affect you?

• Copyright and academic publishing

• Creative Commons Licences / Open Access

Legal Disclaimer

I am not a lawyer. The guidance given in this presentation is based on my professional experience and guidance developed by JISC. It should not be construed as legal advice. If you require specialist legal advice you should speak to one of the university’s legal representatives or consult a specialist lawyer.

Acknowledgements

This presentation includes materials adapted from the following sources:

• Gaz J Johnson and Katie Frazer (2011) Keeping your thesis legal: copyright in a nutshell for doctoral students Leicester: University of Leicester. http://www2.le.ac.uk/library/downloads/copyright/Keepingthesis%20legal-Nov-2011-V4.0.pdf

• JISC Legal (2011) The Little Guide to Copyright. Bristol, JISC Digital Media. Available from http://www.jiscdigitalmedia.ac.uk/pdf/little-guide-to-copyright.pdf

BUT FIRST …

The creator of a work (such as a book, journal article, film recording, sound recording, piece of art, etc.) has to assert their right to be identified as the creator of that work.

• Trueor

• False

The creator of a work (such as a book, journal article, film recording, sound recording, piece of art, etc.) has to assert their right to be identified as the creator of that work.

•False

Copyright restrictions do not apply when using material for educational or research purposes.

• Trueor

• False

Copyright restrictions do not apply when using material for educational or research purposes.

•False

I should be legally covered by the right to fair use when it comes to making use of copyrighted material.

• Trueor

• False

I should be legally covered by the right to fair use when it comes to making use of copyrighted material.

•False

What is copyright?

What is copyright?

• The right to determine who can make copies of

creative works, under what circumstances, in what

media, for what charge

• Copyright in a work can be bought, sold, and

exchanged

What is copyright?

Copyright exists in all creative works, e.g.:• Printed works• Electronic works• Typographical layout• Recordings

What is copyright?

• “Creative” has a broad definition

• Copyright does not have to be claimed – it is assigned automatically

• The creator of a copyrighted work is the original rights holder – but the rights holder can change

What is copyright?

• The rights holder can give others permission to use the works

• Only the rights holder can permit reuse, adaptation or distribution of a copyrighted work

• The rights holder can sell or transfer the rights to someone else

• Organisations may claim copyright under terms of employment or funding

• The relevant UK legislation is the Copyright, Designs & Patents Act 1988 (amended)

What is copyright?

Different rights may exist in the same item, and be held by different people:• Content• Layout• Photographs or illustrations• Graphs or tables• Multimedia

What can be copyrighted?

•Expressions of ideas– i.e. Papers, videos, websites, etc.

• You cannot copyright an idea

How does copyright affect you?

How does copyright affect you?

Under our CLA licence, you can photocopy / print out:• one book chapter; one article from one journal issue; one

poem / short story from an anthology; one whole scene from a play; one paper from a set of conference proceedings; one report of a single case from a volume of judicial proceedings

OR10% of the total publicationWhichever is the greater

• In some instances, fair dealing exceptions (see later) may be more generous than these terms

Under our CLA Licence you can photocopy or print:

One whole:• chapter of a book• article from a single issue of a

periodical• scence from a play• paper from a set of conference

proceedings• single case from a volume of

judicial proceedings• short story, poem or play (of less

than 10 pages) from an anthology

OR

10% of the total work

Whichever is the greater

How does copyright affectyou?

• You can use text mining of databases to which you have legitimate access for research purposes

• “The right to read is the right to mine”

• Some publishers are making this harder than it need be

How about “fair use”?

• No such thing in UK law (at the moment)

• “Fair dealing” can be used as a defence, but isn’t defined in law

• Some minor exemptions for educational purposes and library privilege

Using copyrighted works

• You can use copyright works if:– You own the rights – The rights holder gives you permission– The rights have expired– Under certain statutory copyright exemptions

• Permission to reuse can be:– one-off or ongoing– specific to a purpose or general– exclusive or nonexclusive– or may be given as an open licence allowing liberal reuse rights

What are copyright exceptions?

• Limited use of copyright works without permission is possible in certain circumstances: – Using an insubstantial part of a work– Fair dealing for non-commercial research and

private study, criticism and review• If you are copying a substantial proportion,

you may need permission• Note – “substantial” is not defined in law!

Recognising the risks of using3rd party material in your work

No risk• Reusing limited amounts with proper referencing• Reusing items with permission or where t&c's or licenses

clearly permit use

Low risk• Reusing material under the fair dealing defence • Reusing extracts within a lecture or examination

Increasing risk• Posting 3rd party material to web• Using large & significant extracts, images, diagrams etc.

without permission

3rd party material:practical steps

• Check the original item to see what is permitted– Website terms and conditions or copyright notices are

useful guides• Some resources may offer licensed re-use– Creative commons licenses can be helpful

• When in doubt assume items are in copyright– Permission must explicitly be sought– Many non-commercial rights holders will grant permission

for etheses– Some rights holders may expect fees and charges

Sample copyright notice

Seeking permissions

1. Identify the rights holder2. Formally request permission to include item

• Be specific about what you intend to use it for • e.g. for inclusion in an ethesis to be deposited in an open access

repository

3. Keep records of all correspondence• May need to show proof of permission

4. Repeat request after 6 weeks if you haven’t heard anything• Try phone/e-mail/post etc

5. Leave plenty of time to get all permissions

When should you requestpersmission?

• The more time you give yourself the better

• When you start your research, start to collect permissions

• Don’t leave it until you’re about to submit!

Copyright and academic publishing

Publishing your work on an Open Access basis entails giving up all your rights in that work

• Trueor

• False

Publishing your work on an Open Access basis entails giving up all your rights in that work

•False

All Open Access journals publish everything submitted to them, so they are not as academically rigorous as traditionally-published journals.

• Trueor

• False

All Open Access journals publish everything submitted to them, so they are not as academically rigorous as traditionally-published journals.

•False

I wrote the article, so I have the right to make the publisher PDF available online.

• Trueor

• False

I wrote the article, so I have the right to make the publisher PDF available online.

•False

When I publish an article with a traditional publisher, I retain the copyright to that article

• Trueor

• False

When I publish an article with a traditional publisher, I retain the copyright to that article

•False (usually)

Academic authors are often allowed to make outputs they have published with traditional publishers freely available on an institutional repository on an Open Access basis.

• Trueor

• False

Academic authors are often allowed to make outputs they have published with traditional publishers freely available on an institutional repository on an Open Access basis.

•True

Copyright and legacyacademic publishing

• Monographs – copyright in the text stays with author

• Journal articles – copyright is usually transferred to the publisher

• Journal articles – sometimes publishers take a licence to publish, rather than full copyright

Copyright and legacyacademic publishing

In the case of most traditionally-published articles, you will have had to assign your

copyright to the publisher – i.e., you no longer hold the copyright in that work

Copyright and academicpublishing: Open Access

• Open Access articles are freely available to anyone with a web connection

• They may have looser re-use restrictions than legacy-published content

• Publishing on an open access basis need not entail giving up the rights in your work

Copyright and academicpublishing: Creative Commons

• Most open access journals use some form of Creative Commons Licence

• CC licences can be summarised by the phrase “Some Rights Reserved”

• These licences provide way of explicitly stating what users can and cannot do with a publication

• Note – someone has to be the rights-holder in order to apply a CC licence; that someone could be you, or the publisher

Copyright and Creative Commons

Creative Commons Licences allow varying combinations of the following contributions:

• BY (Attribution) – any re-users must acknowledge initial authorship/publication

• NC (Non Commercial) – item cannot be re-used for commercial purposes

• ND (No Derivatives) – item cannot be re-edited, chopped and changed for inclusion in a new work

• SA (Share Alike) – any new item re-using the work must have the same licence as the original work

Copyright andOpen Access

Gold vs. Green• Most gold open access publishers will offer a range of

Creative Commons licences – some have their own licences

• If self-archiving a traditional publication via the green open access route, it is more likely that the publisher will retain the copyright, simply granting the author a licence to self-archive

Open Access policies

• These RCUK and COAF policies require gold open access articles arising from research they’ve funded to be available on a CC-BY licence – Creative Commons Attribution

• This licence is preferred as it provides the least ambiguous indication of how an item can be used

• You must also choose this licence if the University’s Institutional Open Access fund is being used

• Publishing via the Green Open Access route can also satisfy the requirements of these policies

Sources of information

• Your Liaison Librarian

• Copyright LibGuide – libguides.liv.ac.uk/copyright – advice and guidance from the library

• Creative Commons – www.creativecommons.org – information on the use of CC licences

• CREATe – www.create.ac.uk – RCUK centre for copyright and new business models in the creative sector

• Copyright User – copyrightuser.org – organisation to help you understand UK copyright law

All the best